Anglea

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN GALAFATE, ) Case No.: 1:19-cv-01743-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) MIXED PETITION ) HUNTER ANGLEA, Warden, ) (Doc. 13) Respondent. ) ) TWENTY-ONE DAY OBJECTION DEADLINE )

On December 16, 2019, Petitioner filed the instant federal petition for writ of habeas corpus. (Doc. 1.) On March 18, 2020, Respondent filed a motion to dismiss for failure to exhaust state remedies. (Doc. 13.) Because the petition is a mixed petition, the Court will recommend Respondent’s motion to dismiss be GRANTED and Petitioner be DIRECTED to amend the petition to delete the unexhausted claim or request dismissal of the petition without prejudice so that Petitioner may return to state court to exhaust his state remedies. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing…